What does Substantive Due Process require courts to examine when evaluating state and local laws?

What does Substantive Due Process require courts to examine when evaluating state and local laws?

• A. Only review procedural due process
• B. Applies only to federal laws
• C. Allows states to suspend rights during emergencies
• D. 14th Amendments. requires court to review the substance of the state & local law rather than just the procedure

Answer: (D)

Substantive due process is about the law’s content, not just how it’s applied. When courts evaluate state or local laws, they look to see whether the law intrudes on fundamental rights or is otherwise arbitrary or oppressive in its effects. Because the Fourteenth Amendment makes the rights from the Bill of Rights applicable to the states, this review of the law’s substance applies to state and local actions as well. If a fundamental right is involved, the court uses strict scrutiny, requiring a compelling state interest and narrowly tailored means; for less central rights, a more deferential standard may apply. In short, the focus is on what the law does to rights, not merely on whether the proper procedures were followed.

Substantive due process is about the law’s content, not just how it’s applied. When courts evaluate state or local laws, they look to see whether the law intrudes on fundamental rights or is otherwise arbitrary or oppressive in its effects. Because the Fourteenth Amendment makes the rights from the Bill of Rights applicable to the states, this review of the law’s substance applies to state and local actions as well. If a fundamental right is involved, the court uses strict scrutiny, requiring a compelling state interest and narrowly tailored means; for less central rights, a more deferential standard may apply. In short, the focus is on what the law does to rights, not merely on whether the proper procedures were followed.